Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3008

    (1)     This rule applies to an application for grant of administration of the estate of a deceased person made by a person as a creditor of the deceased person.

    (2)     At least 14 days before the day the application is filed, the applicant must serve notice of the application, and a copy of the supporting affidavit to accompany the application, on each person (a relevant person ) who—

        (a)     is a domestic partner or next of kin of the deceased person; and

        (b)     if the person is a next of kin of the deceased person—is an adult; and

        (c)     is not the applicant or 1 of the applicants; and

        (d)     has not consented to the application.

Note 1     See approved form 3.10 (Consent to administration of estate) AF2006-338

Note 2     For the meaning of domestic partner , see the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 169.

    (3)     For each relevant person, either—

        (a)     the application must be accompanied by the consent, by affidavit, of the relevant person to the application; or

        (b)     the supporting affidavit for the application must state that the relevant person—

              (i)     has been served with notice of the application, and a copy of the supporting affidavit to accompany the application, in accordance with subrule (2); or

              (ii)     cannot be found.